§ 20-376.1 Sound reproduction on open-air sight-seeing buses.
AC § 20-376.1
a. Definitions. For purposes of this section the following terms shall have the following meanings: (1) "Fleet" shall mean the total number of sight-seeing bus licenses issued to open-air sight-seeing buses that are held by one person. A person shall be considered to hold all sight-seeing bus licenses in which: (i) such holder has a direct or indirect beneficial interest; or (ii) a family member of such holder has a direct or indirect beneficial interest.
(2)"Headphone-limited sound reproduction system" shall mean a sound reproduction system that transmits an audio signal, including but not limited to the amplified voice of any guide on an open-air sight-seeing bus, so that the audio signal is audible through personal headphones and is not otherwise audible.
(3)"Open-air sight-seeing bus" shall mean a sight-seeing bus, licensed to operate in New York City, that has seating that is partially or entirely un- enclosed. b. The commissioner shall not issue a new license to any open-air sight-seeing bus that is not equipped with a headphone-limited sound reproduction system. For purposes of this section, a new license is any license issued to a sight-seeing bus that is not a renewal. c. Open-air sight-seeing buses shall be equipped with headphone-limited sound reproduction systems according to the following schedule: (1) By July 1, 2011 no less than ten percent of each fleet; (2) By July 1, 2012 no less than forty percent of each fleet; (3) By July 1, 2013 no less than sixty percent of each fleet; (4) By July 1, 2014 no less than eighty percent of each fleet; (5) By July 1, 2015, every open-air sight-seeing bus in each licensee's fleet shall be equipped with a headphone-limited sound reproduction system. d. The department shall verify by inspection that the required number of open-air sight-seeing buses has been equipped with headphone-limited sound reproduction systems, in compliance with the schedule as set forth in paragraph c of this section. The sight-seeing bus license holder of each fleet required to comply with this section shall provide annually to the department a list of buses that are equipped with the required sound equipment, in accordance with rules promulgated by the commissioner. e. Any sight-seeing bus license holder shall be subject to a fine of not less than $200 nor more than $750 per day for each open-air sight-seeing bus that is required to be equipped with a headphone-limited sound reproduction system in order for the fleet to be in compliance with the applicable percentages set forth in paragraph c of this section and that is not so equipped. Additionally, the commissioner shall suspend the licenses of as many open-air sight-seeing buses as the number of such buses that are required to be equipped with a headphone-limited sound reproduction system as set forth in paragraph c of this section but that are not so equipped. Such suspension(s) shall continue until such time as compliance with paragraph c is complete. f. Beginning on April 1, 2016 the Commissioner shall not renew the license of any open-air sight-seeing bus that is not equipped with a headphone-limited sound reproduction system and shall revoke the license of any open-air sight-seeing bus that is not equipped with a headphone-limited sound reproduction system. g. The commissioner shall promulgate such rules as are necessary to carry out the provisions of this section.
